MI AG Nessel Linking Arms with Democrat AG Coalition to Block Trump’s Election Executive Order
- 2 days ago
- 6 min read
By Kristine Christlieb, MFEI News & Commentary Editor
Monday April 7, 2025
Michigan Attorney General Dana Nessel (D) is announcing her participation in a 19-member coalition of Democrat attorneys general that has filed a lawsuit in opposition to President Trump’s Executive Order (EO) addressing election administration.
In an April 3 press release about her participation, Nessel calls Executive Order No. 14248 Preserving and Protecting the Integrity of American Elections, “unconstitutional and anti-democratic.”
Filed on April 3 in U.S. District Court for the District of Massachusetts, the 42-page lawsuit was a swift and highly coordinated response to President Trump’s EO which was signed only nine days prior.
Also on April 3, Arizona Attorney General Kris Mayes summoned the press for her statement on the lawsuit and the executive order. Echoing Nessel, Mayes said: “Let me be clear, this is blatantly unconstitutional. We have a constitution and a rule of law, and we are going to make damn sure that Donald Trump and his administration follows the law.”
In addition to Michigan and Arizona, attorneys general from California, Colorado, Connecticut, Delaware, Hawai‘i, Illinois, Maine, Massachusetts, Maryland, Minnesota, Nevada, New Jersey, New Mexico, New York, Rhode Island, Vermont, and Wisconsin also were named as plaintiffs.
The attorneys general are suing not only President Trump, but also all four members of the U.S. Election Assistance Commission (two of whom are Democrats), Attorney General of the United States Pam Bondi, as well as Secretary of Defense Pete Hegseth.
“I’m confident the Trump administration anticipated this legal challenge,” said Patrice Johnson, founder and chair of Michigan Fair Elections Institute. Johnson may be referring to the 171 cases filed against President Trump’s executive actions in the opening weeks of his current term. She pointed out that Trump’s EO commanded agencies to follow existing federal law and she noted an apparent inconsistency in these 19 AG’s behavior. “They all remained silent when President Biden issued Executive Order 14019, ordering all federal government agencies to register voters.”
In contrast, Trump’s EO 14248 orders officials to enforce existing federal law. The order states, “It is the policy of my Administration to enforce Federal law and to protect the integrity of our election process.” Each item is supported with references to current federal laws:
Section 1:
To have “a uniform Election Day” per 2 U.S.C. 7 and 3 U.S.C. 1.
To prohibit foreign nationals from registering or voting per 18 U.S.C. 1015 and 611.
To maintain clean voter rolls to protect voters from having their ballots voided or diluted by fraudulent votes per the National Voter Registration Act (Pub. L. 103-31), the Help America Vote Act (Pub. L. 107-252). 8 U.S.C. 1373(c), and 52 U.S.C. 30121.
To use paper ballots to allow “voters to efficiently check their votes to protect against fraud or mistake.”
To enforce citizenship requirements. The Election Assistance Commission’s (EAC) is to change its online voter registration form to require “documentary proof of United States citizenship and identity consistent with 52 U.S.C. 20508(b)(3); and 52 U.S.C. 21083(a)(5)(A)” plus 18 U.S.C. 611 and 1015(f)
The DHS and DOGE are to help states identify and remove unqualified or noncitizen voters from the voter rolls and off public assistance programs per 52 U.S.C. 20507 and 52 U.S.C. 20506(a).
To use federal databases to assist States in determining whether individuals are eligible to register and vote, using from Social Security Number Verification Service, the Death Master File, and others per 52 U.S.C. 20507(g).
To hold states accountable for complying with laws that require list maintenance, per the National Voter Registration Act and the Help America Vote Act, 52 U.S.C. 20507 and 52 U.S.C. 21083.
To require the Secretary of Defense to update the Federal Post Card Application, pursuant to the Uniformed and Overseas Citizens Absentee Voting Act (UOCAVA), 52 U.S.C. 20301, to require documentary proof of US citizenship and eligibility to vote in state elections.
To require the EAC is to cease providing Federal funds to States that do not comply with the Federal laws, require documentary proof of US citizenship, or adhere to current voting system standards per 52 U.S.C. 21003(b)(3) and 21142(c), 52 U.S.C. 21145, 52 U.S.C. 20505(a)(1), 52 U.S.C. 20508(a)(1).
After conducting an audit of Help America Vote Act fund expenditures per 52 U.S.C. 21142, the EAC is to report any discrepancies or issues with an audited State's certifications to the DOJ for appropriate enforcement action.
DHS and FEMA grants are to prioritize compliance with the Voluntary Voting System Guidelines 2.0 developed by the EAC and complete of testing through accredited processes per 6 U.S.C. 603.
To prosecute election crimes per 42 U.S.C. 5195c, 42 U.S.C. 5195c(e).
The DHS under 6 U.S.C. 652a in coordination with the EAC shall assess the security of all systems connected to the Internet and report on the risk of such systems being compromised through malicious software and unauthorized intrusions.
To enforce the ballot receipt deadline of Election Day per 52 U.S.C. 21001(b), 52 U.S.C. 21081(a)(6), 2 U.S.C. 7, and 3 U.S.C. 1, and 52 U.S.C. 20301
To prevent foreign Interference and unlawful use of federal funds per 52 U.S.C. 30121 and 31 U.S.C. 1352, includes lobbying by organizations or entities that have received any Federal funds.
Lawsuit Specifics
The lawsuit targets proof of citizenship requirements, including updating the Federal Post Card Application to require overseas voters to provide proof of identity and citizenship.
“These attorney generals are holding a minority position. The American people overwhelmingly support citizen-only voting. There are ways to make that provision equitable and fair if only we can all first agree that only citizens should be voting,” Johnson commented.
The Democrat attorneys general also seek to nullify the EO’s provision that would cut off federal funds to states that don’t comply with the current federal election law.
The lawsuit opposes President Trump directing AG Pam Bondi to refuse to count ballots that arrive after Election Day.
According to NPR, Trump’s EO has generated three other lawsuits. “Two of those lawsuits were brought by voting rights groups on behalf of organizations that assist voters with registration. The other was brought by Democratic election attorney Marc Elias’ law firm on behalf of Democrats.”
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